Policy Text
3.505 ZERO TOLERANCE ENFORCEMENT: Florida Statute 322.2616(1)b makes it
unlawful for a person under the age of twenty-one to have .02 grams per 210 liters or
higher breath alcohol level and drive or be in actual physical control of a motor
vehicle. A violation of Florida Statute 322.2616 is not a traffic infraction or criminal
offense and being detained for the purpose of consenting to a breath test does not
constitute an arrest. Section 322.2616(1)(b) permits a law enforcement officer to
detain any person under the age of 21 for the purpose of obtaining a breath test if the
officer has probable cause to believe that the person was driving or in actual physical
control of a motor vehicle while having a measurable alcohol level.